Expired Patent/Website Update

[KLT]

I purchased a company which sells product exclusively on the internet. the patent for it's flagship (most profitable) product expired 3 years ago. I knew this going in. The product sells well, is not being manufactured by anyone else (yet) and is profitable.

My purchase included everything - including the website. the only changes I made to the website were to have my webmaster move it to out server, change the email, address, and imbed our merchant services into the Shopping Cart. Qucik and easy switch.

We did not change any of the product descriptions, details, or images, testimonials, etc. As part of the product description on the homepage, the intorductions says (product name changed of course):

"The Gizmo Widget is a revolutionary patented product . . . . "

And that's all it says about the patent. At the time the copy was written it was patented, but for 3 years after it's expiration the original owners left this patent claim on the site. Am I obligated to change it? If so and I do not, what is the potential penalty?

 

[divgradcurl]

Falsely marking a product as patented when it is not is illegal under 35 USC § 292(a). Realistically though, based solely on what you have written, it is pretty unlikely that you have anything to worry about. Here is an article on false marking that might be interesting: http://www.metrocorpcounsel.com/current.php?artType=view&artMonth=June&artYear=2005&EntryNo=3070